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Selling e-cigarettes (containing nicotine) and control mechanisms
Sale of e-cigarettes
Allowed [1, 2, 3, 4]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Comments

4. E-cigarette sales allowed except in 7 states - Bihar, Kerala, Karnataka, Punjab, Mizoram, Jamma & Kashmir where ENDS are banned. Delhi & Maharashtra were also considering a ban. However recent advice from the Government Ministry of Welfare & Families issued in August 2018, advised all states to prohibit sales, import and advertisement of ecigarettes.

General use and availability
Legal to use
Yes [1, 2, 3, 4]
Legal to sell e-cigarette device
Yes [1, 2, 3, 4]
Legal to sell nicotine
Yes [1, 2, 3, 4]
Legal to import device - trade
Yes [1, 2, 3, 4]
Legal to import nicotine - trade
Yes [1, 2, 3, 4]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Comments

4. E-cigarette sales allowed except in 7 states - Bihar, Kerala, Karnataka, Punjab, Mizoram, Jamma & Kashmir where ENDS are banned. Delhi & Maharashtra were also considering a ban. However recent advice from the Government Ministry of Welfare & Families issued in August 2018, advised all states to prohibit sales, import and advertisement of ecigarettes.

Health
Minimum age restrictions on sales
Yes 18+ [1, 2, 3, 4]
Legal restrictions on vaping in public places
Yes [1, 2, 3, 4]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Comments

4. E-cigarette sales allowed except in 7 states - Bihar, Kerala, Karnataka, Punjab, Mizoram, Jamma & Kashmir where ENDS are banned. Delhi & Maharashtra were also considering a ban. However recent advice from the Government Ministry of Welfare & Families issued in August 2018, advised all states to prohibit sales, import and advertisement of ecigarettes.

Notes on methodology & limitations

Data has been collected from a range of sources which are openly available online, such as vaping information/regulation websites & direct from country's legislation where available. In a few instances information has been included which was received from individuals specialising in the field. The regulatory picture changes frequently and these data boxes show the situation at time of going to press. This website will be updated as/when new regulatory information is received. There are gaps in the data available - readers are invited to send in updated information to the GSTHR team.

Country News

  • Thursday, August 15, 2019
  • E-cigarettes: Current Scenario and Challenges in India

  • While India continues its fight against rampant tobacco use, especially cigarette smoking, policymakers are still grappling to understand the concept of e-cigarettes. [...] World-over, ENDS are now touted as a proven tool for reducing harm caused by cigarette smoking. Undoubtedly, they also have immense potential for improving public health outcomes of a tobacco-dependent population like India’s.

    The Union Ministry of Health and Family Welfare in 2018 issued an advisory to all states recommending them to prohibit the sale, manufacture or use of ENDS. [...]

  • Thursday, August 15, 2019
  • Government re-initiates process of amending Cigarettes and Other Tobacco Products Act

  • The Union Health Ministry has re-initiated the process of amending the Cigarettes and Other Tobacco Products Act (COTPA) in a bid to strengthen its provisions, including a ban on the sale of loose cigarettes and heavy fine for violation of rules.

    The aim is to make it more effective and more inclined to the WHO Framework Convention on Tobacco Control (WHO FCTC) guidelines, sources said. Currently, the penalty for smoking in restricted areas is up to Rs 200.

     

  • Tuesday, June 25, 2019
  • 3 Per Cent Of India’s Adult Population Aware About E-Cigarettes: Govt

  • About three per cent of adults in India are aware about e-cigarettes and an estimated 0.02 per cent of the population use it, the government informed Lok Sabha on Friday. In written reply to a question, Minister of State for Health Ashwini Choubey said, “As per the second round of Global Adult Tobacco Survey (GATS-2) 2016-17, about 3 per cent of adults (aged 15 years and above) in India are aware about e-cigarettes and there are 0.02 per cent estimated e-cigarette users.”

  • Monday, June 24, 2019
  • Indian doctors debate e-cigarette ban in global nicotine forum

  • Presently, about 3 per cent of adults in India are aware about e-cigarettes and an estimated 0.02 per cent of the population use it.

    Going tough on e-cigarettes, the health ministry has proposed to classify such alternative smoking devices as "drugs" under the Drugs and Cosmetics Act, in a bid to ban their manufacture, sale, distribution and import. [...] Several healthcare professionals from India who participated in the conference debated how regulation not ban would be the way forward in dealing with ENDS.

  • Friday, June 21, 2019
  • Experts underline Need for Harm Reduction at Global forum on Nicotine

  • The 6th Global Forum on Nicotine [...] stirred the conversations on development of a policy framework for the use of new nicotine products with appropriate standards and regulations. At a time when India looks at banning e-cigarettes, a viable choice for smokers all over India, experts at GFN highlighted that ‘Quit or die’ is no longer the only option for those who cannot give up nicotine.

  • Monday, June 17, 2019
  • Vapes and E-Cigarettes Could Soon Be Classified as ‘Drugs’ in India

  • According to a report by the Press Trust of India, The Drugs Technical Advisory Board of India has approved a proposal to regulate Electronic Nicotine Delivery Systems (or ENDS) by classifying them as “drugs” and cancelling them from being sold in the country. Under Sections 26A and 10A of the Drugs and Cosmetics Act, 1940, this proposal plans to prohibit the sale, manufacture, import and distribution of all ENDS.